Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 37 First Substitute (2021GS)

Sponsor

Rep. Lisonbee, K.

Final action

Governor Signed 3/11/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• repeals the Child Protection Unit Pilot Program;
• removes references to a "child protection unit";
• amends the membership of a child protection team;
• allows a sheriff or chief of police to select a representative of law enforcement to serve as a member of a child protection team;
• modifies when a child protection team may assemble for certain cases;
• allows a member of a child protection team to share case-specific information with other members of the child protection team; and
• makes technical changes.

Every vote on this bill

Bill text

CHILD PROTECTION UNIT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: 
Luz Escamilla
LONG TITLE
General Description:
This bill addresses child protection units and teams.
Highlighted Provisions:
This bill:
▸ repeals the Child Protection Unit Pilot Program;
▸ removes references to a "child protection unit";
▸ amends the membership of a child protection team;
▸ allows a sheriff or chief of police to select a representative of law enforcement to
serve as a member of a child protection team;
▸ modifies when a child protection team may assemble for certain cases;
▸ allows a member of a child protection team to share case-specific information with
other members of the child protection team; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3-913
, as last amended by Laws of Utah 2019, Chapter 472
17-22-2
, as last amended by Laws of Utah 2019, Chapter 197
62A-4a-101
, as last amended by Laws of Utah 2019, Chapters 259 and 335
62A-4a-202.3
, as last amended by Laws of Utah 2017, Chapter 459
62A-4a-202.8
, as last amended by Laws of Utah 2017, Chapter 459
62A-4a-409
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
62A-4a-412
, as last amended by Laws of Utah 2020, Chapters 193 and 258
63I-1-262
, as last amended by Laws of Utah 2020, Chapters 154, 303, 304, and 358
78A-6-322
, as last amended by Laws of Utah 2017, Chapter 459
REPEALS:
62A-4a-202.9
, as last amended by Laws of Utah 2020, Chapter 354
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-3-913
 is amended to read:
10-3-913.
Authority of chief of police -- Oversight.
(1) The chief of police has the same authority as the sheriff within the boundaries of
the municipality of appointment. The chief has authority to:
(a) suppress riots, disturbances, and breaches of the peace;
(b) apprehend all persons violating state laws or city ordinances;
(c) diligently discharge his duties and enforce all ordinances of the city to preserve the
peace, good order, and protection of the rights and property of all persons;
(d) attend the municipal justice court located within the city when required, provide
security for the court, and obey its orders and directions; and
(e) [
create a
] 
select a representative of law enforcement to serve as a member of a
 child
protection [
unit
] 
team
, as defined in Section 
62A-4a-101
.
(2) This section is not a limitation of a police chief's statewide authority as otherwise
provided by law.
(3) The chief of police shall adopt a written policy that prohibits the stopping,
detention, or search of any person when the action is solely motivated by considerations of
race, color, ethnicity, age, or gender.
(4) (a) Notwithstanding Sections 
10-3-918
 and 
10-3-919
, a municipality may not
establish a board, committee, or other entity that:
(i) has authority independent of the chief of police; and
(ii) (A) has authority to overrule a hiring or appointment proposal of the chief of
police;
(B) is required to review or approve a police department's rules, regulations, policies,
or procedures in order for the rules, regulations, policies, or procedures to take effect;
(C) has authority to veto a new policy, or strike down an existing policy, established
under the authority of the chief of police;
(D) is required to review or approve a police department's budget in order for the
budget to take effect; or
(E) has authority to review or approve a contract the police department makes with a
police union or other organization.
(b) Nothing in this Subsection (4):
(i) limits the authority the Utah Code provides over the chief of police;
(ii) prohibits the municipal council or chief executive officer from taking a lawful
action described in Subsection (4)(a)(ii) that is allowed by law; or
(iii) limits the authority of a civil service commission established in accordance with
Title 10, Chapter 3, Part 10, Civil Service Commission.
(5) Subject to Subsection (4), a municipality may establish a board, committee, or other
entity that relates to the provision of law enforcement services and that has authority
independent of the chief of police if the municipality:
(a) directly appoints the board, committee, or other entity's members; and
(b) provides direct oversight of the board, committee, or other entity.
Section 2. Section 
17-22-2
 is amended to read:
17-22-2.
Sheriff -- General duties.
(1) The sheriff shall:
(a) preserve the peace;
(b) make all lawful arrests;
(c) attend in person or by deputy the Supreme Court and the Court of Appeals when
required or when the court is held within his county, all courts of record, and court
commissioner and referee sessions held within his county, obey their lawful orders and
directions, and comply with the court security rule, Rule 3-414, of the Utah Code of Judicial
Administration;
(d) upon request of the juvenile court, aid the court in maintaining order during
hearings and transport a minor to and from youth corrections facilities, other institutions, or
other designated places;
(e) attend county justice courts if the judge finds that the matter before the court
requires the sheriff's attendance for security, transportation, and escort of jail prisoners in his
custody, or for the custody of jurors;
(f) command the aid of as many inhabitants of his county as he considers necessary in
the execution of these duties;
(g) take charge of and keep the county jail and the jail prisoners;
(h) receive and safely keep all persons committed to his custody, file and preserve the
commitments of those persons, and record the name, age, place of birth, and description of
each person committed;
(i) release on the record all attachments of real property when the attachment he
receives has been released or discharged;
(j) endorse on all process and notices the year, month, day, hour, and minute of
reception, and, upon payment of fees, issue a certificate to the person delivering process or
notice showing the names of the parties, title of paper, and the time of receipt;
(k) serve all process and notices as prescribed by law;
(l) if he makes service of process or notice, certify on the process or notices the
manner, time, and place of service, or, if he fails to make service, certify the reason upon the
process or notice, and return them without delay;
(m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
land within his county;
(n) perform as required by any contracts between the county and private contractors for
management, maintenance, operation, and construction of county jails entered into under the
authority of Section 
17-53-311
;
(o) for the sheriff of a county of the second through sixth class that enters into an
interlocal agreement for law enforcement service under Title 11, Chapter 13, Interlocal
Cooperation Act, provide law enforcement service as provided in the interlocal agreement;
(p) manage search and rescue services in his county;
(q) obtain saliva DNA specimens as required under Section 
53-10-404
;
(r) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
detention, or search of any person when the action is solely motivated by considerations of
race, color, ethnicity, age, or gender;
(s) [
create a child protection unit, as defined in Section 
62A-4a-101
, if the sheriff
determines that creation of a child protection unit is warranted
] 
as applicable, select a
representative of law enforcement to serve as a member of a child protection team, as defined
in Section 
62A-4a-101
; and
(t) perform any other duties that are required by law.
(2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
subsection under Subsection (1) is a class A misdemeanor.
(3) (a) As used in this Subsection (3):
(i) "Police interlocal entity" has the same meaning as defined in Sections 
17-30-3
 and
17-30a-102
.
(ii) "Police local district" has the same meaning as defined in Section 
17-30-3
.
(b) Except as provided in Subsections (3)(c) and 
11-13-202
(4), a sheriff in a county
which includes within its boundary a police local district or police interlocal entity, or both:
(i) serves as the chief executive officer of each police local district and police interlocal
entity within the county with respect to the provision of law enforcement service within the
boundary of the police local district or police interlocal entity, respectively; and
(ii) is subject to the direction of the police local district board of trustees or police
interlocal entity governing body, as the case may be, as and to the extent provided by
agreement between the police local district or police interlocal entity, respectively, and the
sheriff.
(c) Notwithstanding Subsection (3)(b), and except as provided in Subsection
11-13-202
(4), if a police interlocal entity or police local district enters an interlocal agreement
with a public agency, as defined in Section 
11-13-103
, for the provision of law enforcement
service, the sheriff:
(i) does not serve as the chief executive officer of any interlocal entity created under
that interlocal agreement, unless the agreement provides for the sheriff to serve as the chief
executive officer; and
(ii) shall provide law enforcement service under that interlocal agreement as provided
in the agreement.
Section 3. Section 
62A-4a-101
 is amended to read:
62A-4a-101.
Definitions.
As used in this chapter:
(1) "Abuse" means the same as that term is defined in Section 
78A-6-105
.
(2) "Adoption services" means:
(a) placing children for adoption;
(b) subsidizing adoptions under Section 
62A-4a-105
;
(c) supervising adoption placements until the adoption is finalized by the court;
(d) conducting adoption studies;
(e) preparing adoption reports upon request of the court; and
(f) providing postadoptive placement services, upon request of a family, for the
purpose of stabilizing a possible disruptive placement.
(3) "Child" means, except as provided in Part 7, Interstate Compact on Placement of
Children, a person under 18 years of age.
(4) "Child protection team" means a team consisting of:
(a) the caseworker assigned to the case;
(b) 
if applicable,
 the caseworker who made the decision to remove the child;
(c) a representative of the school or school district where the child attends school;
(d) 
if applicable,
 the [
peace officer
] 
law enforcement officer
 who removed the child
from the home;
(e) a representative of the appropriate Children's Justice Center, if one is established
within the county where the child resides;
(f) if appropriate, and known to the division, a therapist or counselor who is familiar
with the child's circumstances;
[
(g) members of a child protection unit; and
]
(g) if appropriate, a representative of law enforcement selected by the chief of police or 
sheriff in the city or county where the child resides; and
(h) any other individuals determined appropriate and necessary by the team coordinator
and chair.
[
(5) "Child protection unit" means any unit created by a chief of police or a sheriff of a
city, town, metro township, or county that is composed of at least the following individuals
who are trained in the prevention, identification, and treatment of abuse or neglect:
]
[
(a) a law enforcement officer, as defined in Section 
53-13-103
; and
]
[
(b) a child advocate selected by the chief of police or a sheriff.
] 
[
(6)
] 
(5)
 (a) "Chronic abuse" means repeated or patterned abuse.
(b) "Chronic abuse" does not mean an isolated incident of abuse.
[
(7)
] 
(6)
 (a) "Chronic neglect" means repeated or patterned neglect.
(b) "Chronic neglect" does not mean an isolated incident of neglect.
[
(8)
] 
(7)
 "Consult" means an interaction between two persons in which the initiating
person:
(a) provides information to another person;
(b) provides the other person an opportunity to respond; and
(c) takes the other person's response, if any, into consideration.
[
(9)
] 
(8)
 "Consumer" means a person who receives services offered by the division in
accordance with this chapter.
[
(10)
] 
(9)
 "Custody," with regard to the division, means the custody of a minor in the
division as of the date of disposition.
[
(11)
] 
(10)
 "Day-care services" means care of a child for a portion of the day which is
less than 24 hours:
(a) in the child's own home by a responsible person; or
(b) outside of the child's home in a:
(i) day-care center;
(ii) family group home; or
(iii) family child care home.
[
(12)
] 
(11)
 "Dependent child" or "dependency" means a child, or the condition of a
child, who is homeless or without proper care through no fault of the child's parent, guardian,
or custodian.
[
(13)
] 
(12)
 "Director" means the director of the Division of Child and Family Services.
[
(14)
] 
(13)
 "Division" means the Division of Child and Family Services.
[
(15)
] 
(14)
 "Domestic violence services" means:
(a) temporary shelter, treatment, and related services to:
(i) a person who is a victim of abuse, as defined in Section 
78B-7-102
; and
(ii) the dependent children of a person who is a victim of abuse, as defined in Section
78B-7-102
; and
(b) treatment services for a person who is alleged to have committed, has been
convicted of, or has pled guilty to, an act of domestic violence as defined in Section 
77-36-1
.
[
(16)
] 
(15)
 "Harm" means the same as that term is defined in Section 
78A-6-105
.
[
(17)
] 
(16)
 "Homemaking service" means the care of individuals in their domiciles, and
help given to individual caretaker relatives to achieve improved household and family
management through the services of a trained homemaker.
[
(18)
] 
(17)
 "Incest" means the same as that term is defined in Section 
78A-6-105
.
[
(19)
] 
(18)
 "Indian child" means the same as that term is defined in 25 U.S.C. Sec.
1903.
[
(20)
] 
(19)
 "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec.
1903.
[
(21)
] 
(20)
 "Minor" means, except as provided in Part 7, Interstate Compact on
Placement of Children:
(a) a child; or
(b) a person:
(i) who is at least 18 years [
of age
] 
old
 and younger than 21 years [
of age
] 
old
; and
(ii) for whom the division has been specifically ordered by the juvenile court to provide
services.
[
(22)
] 
(21)
 "Molestation" means the same as that term is defined in Section 
78A-6-105
.
[
(23)
] 
(22)
 "Mutual case" means a case that has been:
(a) opened by the division under the division's discretion and procedures;
(b) opened by the law enforcement agency with jurisdiction over the case; and
(c) accepted for investigation by [
the child protection unit established by the chief of
police or sheriff
] 
a child protection team
, as applicable.
[
(24)
] 
(23)
 "Natural parent" means a minor's biological or adoptive parent, and
includes a minor's noncustodial parent.
[
(25)
] 
(24)
 "Neglect" means the same as that term is defined in Section 
78A-6-105
.
[
(26)
] 
(25)
 "Protective custody," with regard to the division, means the shelter of a
child by the division from the time the child is removed from the child's home until the earlier
of:
(a) the shelter hearing; or
(b) the child's return home.
[
(27)
] 
(26)
 "Protective services" means expedited services that are provided:
(a) in response to evidence of neglect, abuse, or dependency of a child;
(b) to a cohabitant who is neglecting or abusing a child, in order to:
(i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
causes of neglect or abuse; and
(ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
(c) in cases where the child's welfare is endangered:
(i) to bring the situation to the attention of the appropriate juvenile court and law
enforcement agency;
(ii) to cause a protective order to be issued for the protection of the child, when
appropriate; and
(iii) to protect the child from the circumstances that endanger the child's welfare
including, when appropriate:
(A) removal from the child's home;
(B) placement in substitute care; and
(C) petitioning the court for termination of parental rights.
[
(28)
] 
(27)
 "Severe abuse" means the same as that term is defined in Section
78A-6-105
.
[
(29)
] 
(28)
 "Severe neglect" means the same as that term is defined in Section
78A-6-105
.
[
(30)
] 
(29)
 "Sexual abuse" means the same as that term is defined in Section
78A-6-105
.
[
(31)
] 
(30)
 "Sexual exploitation" means the same as that term is defined in Section
78A-6-105
.
[
(32)
] 
(31)
 "Shelter care" means the temporary care of a minor in a nonsecure facility.
[
(33)
] 
(32)
 "Sibling" means a child who shares or has shared at least one parent in
common either by blood or adoption.
[
(34)
] 
(33)
 "Sibling visitation" means services provided by the division to facilitate the
interaction between a child in division custody with a sibling of that child.
[
(35)
] 
(34)
 "State" means:
(a) a state of the United States;
(b) the District of Columbia;
(c) the Commonwealth of Puerto Rico;
(d) the Virgin Islands;
(e) Guam;
(f) the Commonwealth of the Northern Mariana Islands; or
(g) a territory or possession administered by the United States.
[
(36)
] 
(35)
 "State plan" means the written description of the programs for children,
youth, and family services administered by the division in accordance with federal law.
[
(37)
] 
(36)
 "Status offense" means a violation of the law that would not be a violation
but for the age of the offender.
[
(38)
] 
(37)
 "Substance abuse" means the same as that term is defined in Section
78A-6-105
.
[
(39)
] 
(38)
 "Substantiated" or "substantiation" means a judicial finding based on a
preponderance of the evidence that abuse or neglect occurred. Each allegation made or
identified in a given case shall be considered separately in determining whether there should be
a finding of substantiated.
[
(40)
] 
(39)
 "Substitute care" means:
(a) the placement of a minor in a family home, group care facility, or other placement
outside the minor's own home, either at the request of a parent or other responsible relative, or
upon court order, when it is determined that continuation of care in the minor's own home
would be contrary to the minor's welfare;
(b) services provided for a minor awaiting placement; and
(c) the licensing and supervision of a substitute care facility.
[
(41)
] 
(40)
 "Supported" means a finding by the division based on the evidence
available at the completion of an investigation that there is a reasonable basis to conclude that
abuse, neglect, or dependency occurred. Each allegation made or identified during the course
of the investigation shall be considered separately in determining whether there should be a
finding of supported.
[
(42)
] 
(41)
 "Temporary custody," with regard to the division, means the custody of a
child in the division from the date of the shelter hearing until disposition.
[
(43)
] 
(42)
 "Threatened harm" means the same as that term is defined in Section
78A-6-105
.
[
(44)
] 
(43)
 "Transportation services" means travel assistance given to an individual
with escort service, if necessary, to and from community facilities and resources as part of a
service plan.
[
(45)
] 
(44)
 "Unsubstantiated" means a judicial finding that there is insufficient
evidence to conclude that abuse or neglect occurred.
[
(46)
] 
(45)
 "Unsupported" means a finding by the division at the completion of an
investigation that there is insufficient evidence to conclude that abuse, neglect, or dependency
occurred. However, a finding of unsupported means also that the division did not conclude
that the allegation was without merit.
[
(47)
] 
(46)
 "Without merit" means a finding at the completion of an investigation by
the division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur,
or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
Section 4. Section 
62A-4a-202.3
 is amended to read:
62A-4a-202.3.
Investigation -- Supported or unsupported reports -- Child in
protective custody.
(1) When a child is taken into protective custody in accordance with Section
62A-4a-202.1
, 
78A-6-106
, or 
78A-6-302
, or when the division takes any other action that
would require a shelter hearing under Subsection 
78A-6-306
(1), the division shall immediately
initiate an investigation of the:
(a) circumstances of the child; and
(b) grounds upon which the decision to place the child into protective custody was
made.
(2) The division's investigation shall conform to reasonable professional standards, and
shall include:
(a) a search for and review of any records of past reports of abuse or neglect involving:
(i) the same child;
(ii) any sibling or other child residing in the same household as the child; and
(iii) the alleged perpetrator;
(b) with regard to a child who is five years of age or older, a personal interview with
the child:
(i) outside of the presence of the alleged perpetrator; and
(ii) conducted in accordance with the requirements of Subsection (7);
(c) if a parent or guardian can be located, an interview with at least one of the child's
parents or guardian;
(d) an interview with the person who reported the abuse, unless the report was made
anonymously;
(e) where possible and appropriate, interviews with other third parties who have had
direct contact with the child, including:
(i) school personnel; and
(ii) the child's health care provider;
(f) an unscheduled visit to the child's home, unless:
(i) there is a reasonable basis to believe that the reported abuse was committed by a
person who:
(A) is not the child's parent; and
(B) does not:
(I) live in the child's home; or
(II) otherwise have access to the child in the child's home; or
(ii) an unscheduled visit is not necessary to obtain evidence for the investigation; and
(g) if appropriate and indicated in any case alleging physical injury, sexual abuse, or
failure to meet the child's medical needs, a medical examination, obtained no later than 24
hours after the child is placed in protective custody.
(3) The division may rely on a written report of a prior interview rather than
conducting an additional interview, if:
(a) law enforcement:
(i) previously conducted a timely and thorough investigation regarding the alleged
abuse, neglect, or dependency; and
(ii) produced a written report;
(b) the investigation described in Subsection (3)(a)(i) included one or more of the
interviews required by Subsection (2); and
(c) the division finds that an additional interview is not in the best interest of the child.
(4) (a) The division's determination of whether a report is supported or unsupported
may be based on the child's statements alone.
(b) Inability to identify or locate the perpetrator may not be used by the division as a
basis for:
(i) determining that a report is unsupported; or
(ii) closing the case.
(c) The division may not determine a case to be unsupported or identify a case as
unsupported solely because the perpetrator was an out-of-home perpetrator.
(d) Decisions regarding whether a report is supported, unsupported, or without merit
shall be based on the facts of the case at the time the report was made.
(5) The division should maintain protective custody of the child if it finds that one or
more of the following conditions exist:
(a) the child does not have a natural parent, guardian, or responsible relative who is
able and willing to provide safe and appropriate care for the child;
(b) (i) shelter of the child is a matter of necessity for the protection of the child; and
(ii) there are no reasonable means by which the child can be protected in:
(A) the child's home; or
(B) the home of a responsible relative;
(c) there is substantial evidence that the parent or guardian is likely to flee the
jurisdiction of the court; or
(d) the child has left a previously court ordered placement.
(6) (a) Within 24 hours after receipt of a child into protective custody, excluding
weekends and holidays, the division shall:
(i) convene a child protection team to review the circumstances regarding removal of
the child from the child's home or school; and
(ii) prepare the testimony and evidence that will be required of the division at the
shelter hearing, in accordance with Section 
78A-6-306
.
[
(b) The child protection team may include members of a child protection unit.
]
[
(c)
] 
(b)
 At the 24-hour meeting, the division shall have available for review and
consideration the complete child protective services and foster care history of the child and the
child's parents and siblings.
(7) (a) After receipt of a child into protective custody and prior to the adjudication
hearing, all investigative interviews with the child that are initiated by the division shall be:
(i) except as provided in Subsection (7)(b), audio or video taped; and
(ii) except as provided in Subsection (7)(c), conducted with a support person of the
child's choice present.
(b) (i) Subject to Subsection (7)(b)(ii), an interview described in Subsection (7)(a) may
be conducted without being taped if the child:
(A) is at least nine years old;
(B) refuses to have the interview audio taped; and
(C) refuses to have the interview video taped.
(ii) If, pursuant to Subsection (7)(b)(i), an interview is conducted without being taped,
the child's refusal shall be documented, as follows:
(A) the interviewer shall attempt to get the child's refusal on tape, including the reasons
for the refusal; or
(B) if the child does not allow the refusal, or the reasons for the refusal, to be taped, the
interviewer shall:
(I) state on the tape that the child is present, but has refused to have the interview,
refusal, or the reasons for the refusal taped; or
(II) if complying with Subsection (7)(b)(ii)(B)(I) will result in the child, who would
otherwise consent to be interviewed, to refuse to be interviewed, the interviewer shall
document, in writing, that the child refused to allow the interview to be taped and the reasons
for that refusal.
(iii) The division shall track the number of interviews under this Subsection (7) that are
not taped, and the number of refusals that are not taped, for each interviewer, in order to
determine whether a particular interviewer has a higher incidence of refusals, or taped refusals,
than other interviewers.
(c) (i) Notwithstanding Subsection (7)(a)(ii), the support person who is present for an
interview of a child may not be an alleged perpetrator.
(ii) Subsection (7)(a)(ii) does not apply if the child refuses to have a support person
present during the interview.
(iii) If a child described in Subsection (7)(c)(ii) refuses to have a support person
present in the interview, the interviewer shall document, in writing, the refusal and the reasons
for the refusal.
(iv) The division shall track the number of interviews under this Subsection (7) where
a child refuses to have a support person present for each interviewer, in order to determine
whether a particular interviewer has a higher incidence of refusals than other interviewers.
(8) The division shall cooperate with law enforcement investigations and with [
a child
protection unit
] 
the members of a child protection team
, if applicable, regarding the alleged
perpetrator.
(9) The division may not close an investigation solely on the grounds that the division
investigator is unable to locate the child until all reasonable efforts have been made to locate
the child and family members including:
(a) visiting the home at times other than normal work hours;
(b) contacting local schools;
(c) contacting local, county, and state law enforcement agencies; and
(d) checking public assistance records.
Section 5. Section 
62A-4a-202.8
 is amended to read:
62A-4a-202.8.
Child protection team meeting -- Timing.
(1) A child protection team may assemble for a particular case when:
(a) the case demonstrates:
(i) the likelihood of severe child abuse or neglect; or
(ii) a high risk of repetition as evidenced by previous involvements with law
enforcement or the division; and
(b) the child protection team is assembled for the purpose of information sharing and
identification of resources, services, or actions that support the child and the child's family.
[
(1)
] 
(2)
 Subject to Subsection [
(2)
] 
(3)
, if the division files a petition under Section
78A-6-304
, the division shall convene a child protection team meeting to:
(a) review the circumstances of the filing of the petition; and
(b) develop or review implementation of a safety plan to protect the child from further
abuse, neglect, or dependency.
[
(2)
] 
(3)
 The child protection team meeting required under Subsection [
(1)
] 
(2)
 shall be
held within the shorter of:
(a) 14 days of the day on which the petition is filed under Section 
78A-6-304
 if the
conditions of Subsection [
(2)
]
(3)
(b) or (c) are not met;
(b) 24 hours of the filing of the petition under Section 
78A-6-304
, excluding weekends
and holidays, if the child who is the subject of the petition will likely be taken into protective
custody unless there is an expedited hearing and services ordered under the protective
supervision of the court; or
(c) 24 hours after receipt of a child into protective custody, excluding weekends and
holidays, if the child is taken into protective custody as provided in Section 
62A-4a-202.3
.
[
(3) The child protection team may include members of a child protection unit.
]
(4) At its meeting the child protection team shall review the complete child protective
services and foster care history of the child and the child's parents and siblings.
Section 6. Section 
62A-4a-409
 is amended to read:
62A-4a-409.
Investigation by division -- Temporary protective custody --
Preremoval interviews of children.
(1) (a) Except as provided in Subsection (1)(c), the division shall conduct a thorough
preremoval investigation upon receiving either an oral or written report of alleged abuse or
neglect, or an oral or written report under Subsection 
62A-4a-404
(2), when there is reasonable
cause to suspect that a situation of abuse, neglect, or the circumstances described under
Subsection 
62A-4a-404
(2) exist.
(b) The primary purpose of the investigation described in Subsection (1)(a) shall be
protection of the child.
(c) The division is not required to conduct an investigation under Subsection (1)(a) if
the division determines the person responsible for the child's care:
(i) is not the alleged perpetrator; and
(ii) is willing and able to ensure the alleged perpetrator does not have access to the
child.
(2) The preremoval investigation described in Subsection (1)(a) shall include the same
investigative requirements described in Section 
62A-4a-202.3
.
(3) The division shall make a written report of its investigation that shall include a
determination regarding whether the alleged abuse or neglect is supported, unsupported, or
without merit.
(4) (a) The division shall use an interdisciplinary approach when appropriate in dealing
with reports made under this part.
(b) The division shall convene a child protection team to assist the division in the
division's protective, diagnostic, assessment, treatment, and coordination services.
(c) The division may include members of a child protection [
unit
] 
team
 in the division's
protective, diagnostic, assessment, treatment, and coordination services.
(d) A representative of the division shall serve as the team's coordinator and chair. 
Members of the team shall serve at the coordinator's invitation. Whenever possible, the team
shall include representatives of:
(i) health, mental health, education, and law enforcement agencies;
(ii) the child;
(iii) parent and family support groups unless the parent is alleged to be the perpetrator;
and
(iv) other appropriate agencies or individuals.
(5) If a report of neglect is based upon or includes an allegation of educational neglect,
the division shall immediately consult with school authorities to verify the child's status in
accordance with Sections 
53G-6-201
 through 
53G-6-206
.
(6) When the division completes the division's initial investigation under this part, the
division shall give notice of that completion to the person who made the initial report.
(7) Division workers or other child protection team members have authority to enter
upon public or private premises, using appropriate legal processes, to investigate reports of
alleged abuse or neglect, upon notice to parents of their rights under the Child Abuse
Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof.
(8) With regard to any interview of a child prior to removal of that child from the
child's home:
(a) except as provided in Subsection (8)(b) or (c), the division shall inform a parent of
the child prior to the interview of:
(i) the specific allegations concerning the child; and
(ii) the time and place of the interview;
(b) if a child's parent or stepparent, or a parent's paramour has been identified as the
alleged perpetrator, the division is not required to comply with Subsection (8)(a);
(c) if the perpetrator is unknown, or if the perpetrator's relationship to the child's family
is unknown, the division may conduct a minimal interview or conversation, not to exceed 15
minutes, with the child prior to complying with Subsection (8)(a);
(d) in all cases described in Subsection (8)(b) or (c), a parent of the child shall be
notified as soon as practicable after the child has been interviewed, but in no case later than 24
hours after the interview has taken place;
(e) a child's parents shall be notified of the time and place of all subsequent interviews
with the child; and
(f) the child shall be allowed to have a support person of the child's choice present,
who:
(i) may include:
(A) a school teacher;
(B) an administrator;
(C) a guidance counselor;
(D) a child care provider;
(E) a family member;
(F) a family advocate; or
(G) a member of the clergy; and
(ii) may not be an individual who is alleged to be, or potentially may be, the
perpetrator.
(9) In accordance with the procedures and requirements of Sections 
62A-4a-202.1
through 
62A-4a-202.3
, a division worker or child protection team member may take a child
into protective custody and deliver the child to a law enforcement officer, or place the child in
an emergency shelter facility approved by the juvenile court, at the earliest opportunity
subsequent to the child's removal from the child's original environment. Control and
jurisdiction over the child is determined by the provisions of Title 78A, Chapter 6, Juvenile
Court Act, and as otherwise provided by law.
(10) With regard to cases in which law enforcement has or is conducting an
investigation of alleged abuse or neglect of a child:
(a) the division shall coordinate with law enforcement to ensure that there is an
adequate safety plan to protect the child from further abuse or neglect; and
(b) the division is not required to duplicate an aspect of the investigation that, in the
division's determination, has been satisfactorily completed by law enforcement.
(11) With regard to a mutual case in which a child protection [
unit
] 
team
 was involved
in the investigation of alleged abuse or neglect of a child, the division shall consult with the
child protection [
unit
] 
team
 before closing the case.
Section 7. Section 
62A-4a-412
 is amended to read:
62A-4a-412.
Reports, information, and referrals confidential -- Exceptions.
(1) Except as otherwise provided in this chapter, reports made under this part, as well
as any other information in the possession of the division obtained as the result of a report are
private, protected, or controlled records under Title 63G, Chapter 2, Government Records
Access and Management Act, and may only be made available to:
(a) a police or law enforcement agency investigating a report of known or suspected
abuse or neglect, including members of a child protection [
unit
] 
team
;
(b) a physician who reasonably believes that a child may be the subject of abuse or
neglect;
(c) an agency that has responsibility or authority to care for, treat, or supervise a minor
who is the subject of a report;
(d) a contract provider that has a written contract with the division to render services to
a minor who is the subject of a report;
(e) except as provided in Subsection 
63G-2-202
(10), a subject of the report, the natural
parents of the child, and the guardian ad litem;
(f) a court, upon a finding that access to the records may be necessary for the
determination of an issue before the court, provided that in a divorce, custody, or related
proceeding between private parties, the record alone is:
(i) limited to objective or undisputed facts that were verified at the time of the
investigation; and
(ii) devoid of conclusions drawn by the division or any of the division's workers on the
ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
neglect of another person;
(g) an office of the public prosecutor or its deputies in performing an official duty;
(h) a person authorized by a Children's Justice Center, for the purposes described in
Section 
67-5b-102
;
(i) a person engaged in bona fide research, when approved by the director of the
division, if the information does not include names and addresses;
(j) the State Board of Education, acting on behalf of itself or on behalf of a local
education agency, as defined in Section 
63J-5-102
, for the purpose of evaluating whether an
individual should be permitted to obtain or retain a license as an educator or serve as an
employee or volunteer in a school, limited to information with substantiated or supported
findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug
offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
the Person, and with the understanding that the office must provide the subject of a report
received under Subsection (1)(k) with an opportunity to respond to the report before making a
decision concerning licensure or employment;
(k) any person identified in the report as a perpetrator or possible perpetrator of abuse
or neglect, after being advised of the screening prohibition in Subsection (2);
(l) except as provided in Subsection 
63G-2-202
(10), a person filing a petition for a
child protective order on behalf of a child who is the subject of the report;
(m) a licensed child-placing agency or person who is performing a preplacement
adoptive evaluation in accordance with the requirements of Sections 
78B-6-128
 and
78B-6-130
;
(n) an Indian tribe to:
(i) certify or license a foster home;
(ii) render services to a subject of a report; or
(iii) investigate an allegation of abuse, neglect, or dependency; or
(o) the Division of Substance Abuse and Mental Health, the Department of Health, or a
local substance abuse authority, described in Section 
17-43-201
, for the purpose of providing
substance abuse treatment to a pregnant woman, or the services described in Subsection
62A-15-103
(2)(o).
(2) (a) A person, unless listed in Subsection (1), may not request another person to
obtain or release a report or any other information in the possession of the division obtained as
a result of the report that is available under Subsection (1)(k) to screen for potential
perpetrators of abuse or neglect.
(b) A person who requests information knowing that the request is a violation of
Subsection (2)(a) is subject to the criminal penalty in Subsection (4).
(3) (a) Except as provided in Section 
62A-4a-1007
 and Subsection (3)(b), the division
and law enforcement officials shall ensure the anonymity of the person or persons making the
initial report and any others involved in its subsequent investigation.
(b) Notwithstanding any other provision of law, excluding Section 
78A-6-317
, but
including this chapter and Title 63G, Chapter 2, Government Records Access and Management
Act, when the division makes a report or other information in the division's possession
available under Subsection (1)(e) to a subject of the report or a parent of a child, the division
shall remove from the report or other information only the names, addresses, and telephone
numbers of individuals or specific information that could:
(i) identify the referent;
(ii) impede a criminal investigation; or
(iii) endanger a person's safety.
(4) Any person who [
wilfully
] 
willfully
 permits, or aides and abets the release of data
or information obtained as a result of this part, in the possession of the division or contained on
any part of the Management Information System, in violation of this part or Sections
62A-4a-1003
 through 
62A-4a-1007
, is guilty of a class C misdemeanor.
(5) The physician-patient privilege is not a ground for excluding evidence regarding a
child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
good faith pursuant to this part.
(6) A child-placing agency or person who receives a report in connection with a
preplacement adoptive evaluation pursuant to Sections 
78B-6-128
 and 
78B-6-130
:
(a) may provide this report to the person who is the subject of the report; and
(b) may provide this report to a person who is performing a preplacement adoptive
evaluation in accordance with the requirement of Sections 
78B-6-128
 and 
78B-6-130
, or to a
licensed child-placing agency or to an attorney seeking to facilitate an adoption.
(7) A member of a child protection team may, before the day on which the child is
removed, share case-specific information obtained from the division under this section with
other members of the child protection team.
Section 8. Section 
63I-1-262
 is amended to read:
63I-1-262.
Repeal dates, Title 62A.
(1) Subsections 
62A-1-120
(8)(g), (h), and (i) relating to completion of premarital
counseling or education under Section 
30-1-34
 are repealed July 1, 2023.
(2) Section 
62A-3-209
 is repealed July 1, 2023.
[
(3) Section 
62A-4a-202.9
 is repealed December 31, 2021.
]
[
(4)
] 
(3)
 Section 
62A-4a-213
 is repealed July 1, 2024.
[
(5)
] 
(4)
 Sections 
62A-5a-101
, 
62A-5a-102
, 
62A-5a-103
, and 
62A-5a-104
, which
create the Coordinating Council for Persons with Disabilities, are repealed July 1, 2022.
[
(6)
] 
(5)
 Section 
62A-15-114
 is repealed December 31, 2021.
[
(7)
] 
(6)
 Subsections 
62A-15-116
(1) and [
(4)
] 
(5)
, the language that states "In
consultation with the Behavioral Health Crisis Response Commission, established in Section
63C-18-202
," is repealed January 1, 2023.
[
(8)
] 
(7)
 Section 
62A-15-118
 is repealed December 31, 2023.
[
(9)
] 
(8)
 Subsections 
62A-15-605
(3)(h) and (4) relating to the study of long-term needs
for adult beds in the state hospital are repealed July 1, 2022.
[
(10)
] 
(9)
 Section 
62A-15-605
, which creates the Forensic Mental Health Coordinating
Council, is repealed July 1, 2023.
[
(11)
] 
(10)
 Subsections 
62A-15-1100
(1) and 
62A-15-1101
(9), in relation to the Utah
Substance Use and Mental Health Advisory Council, are repealed January 1, 2023.
[
(12)
] 
(11)
 In relation to the Behavioral Health Crisis Response Commission, on July
1, 2023:
(a) Subsections 
62A-15-1301
(2) and 
62A-15-1401
(1) are repealed;
(b) Subsection 
62A-15-1302
(1)(b), the language that states "and in consultation with
the commission" is repealed;
(c) [
Section
] 
Subsection
62A-15-1303
(1)
, the language that states "In consultation with
the commission," is repealed;
(d) Subsection 
62A-15-1402
(2)(a), the language that states "With recommendations
from the commission," is repealed; and
(e) Subsection 
62A-15-1702
(6) is repealed.
Section 9. Section 
78A-6-322
 is amended to read:
78A-6-322.
Abuse, neglect, or dependency of child -- Coordination of
proceedings.
(1) In each case where an information or indictment has been filed against a defendant
concerning abuse, neglect, or dependency of a child, and a petition has been filed in juvenile
court concerning the victim, the appropriate county attorney's or district attorney's office shall
coordinate with the attorney general's office.
(2) Law enforcement personnel, Division of Child and Family Services personnel, the
appointed guardian ad litem, pretrial services personnel, and corrections personnel shall make
reasonable efforts to facilitate the coordination required by this section.
(3) Members of interdisciplinary child protection teams, established under Section
62A-4a-409
, may participate in the coordination required by this section.
(4) [
Members of a child protection unit, established under Section 
10-3-913
 or
17-22-2
,
] 
A member of a child protection team, as defined in Section 
62A-4a-101
,
 may
coordinate with the attorney general's office, Division of Child and Family Services personnel,
the appointed guardian ad litem, pretrial services personnel, and corrections personnel as
appropriate.
Section 10. 
Repealer.
This bill repeals:
Section 
62A-4a-202.9
,
Child protection unit pilot program.